State of Illinois
92nd General Assembly

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SB1735 Enrolled                                LRB9214577BDdv

 1        AN ACT concerning park districts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Park District Code is amended by changing
 5    Section 8-1 as follows:

 6        (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
 7        Sec. 8-1.  Every park district shall, from  the  time  of
 8    its  organization,  be  a  body corporate and politic by such
 9    name as set forth in the petition  for  its  organization  or
10    such  name as it may adopt under Section 8-8 hereof and shall
11    have and exercise the following powers:
12        (a)  To adopt a corporate seal  and  alter  the  same  at
13    pleasure;  to sue and be sued; and to contract in furtherance
14    of any of its corporate purposes.
15        (b) (1)  To acquire by gift, legacy, grant  or  purchase,
16    or by condemnation in the manner provided for the exercise of
17    the  power of eminent domain under Article VII of the Code of
18    Civil Procedure, approved August 19, 1981,  as  amended,  any
19    and   all  real  estate,  or  rights  therein  necessary  for
20    building, laying out, extending, adorning and maintaining any
21    such parks, boulevards and driveways, or for effecting any of
22    the powers or purposes granted under this Code as  its  board
23    may  deem  proper,  whether  such  lands be located within or
24    without such  district;  but  no  park  district,  except  as
25    provided  in paragraph (2) of this subsection, shall have any
26    power of condemnation in the manner provided for the exercise
27    of the power of eminent domain under Article VII of the  Code
28    of  Civil Procedure, approved August 19, 1981, as amended, or
29    otherwise as to any real estate, lands,  riparian  rights  or
30    estate,  or other property situated outside of such district,
31    but shall only have  power  to  acquire  the  same  by  gift,
SB1735 Enrolled             -2-                LRB9214577BDdv
 1    legacy,  grant  or purchase, and such district shall have the
 2    same control of and power over lands so acquired without  the
 3    district  as over parks, boulevards and driveways within such
 4    district.
 5        (2)  In addition to the powers granted in  paragraph  (1)
 6    of  subsection  (b), a park district located in more than one
 7    county, the majority of its territory  located  in  a  county
 8    over  450,000 in population and none of its territory located
 9    in  a  county  over  1,000,000  in  population,  shall   have
10    condemnation power in the manner provided for the exercise of
11    the  power of eminent domain under Article VII of the Code of
12    Civil Procedure, approved August 19, 1981, as amended, or  as
13    otherwise  granted  by  law  as  to  any  and all real estate
14    situated up to one mile outside of such district which is not
15    within the boundaries of another park district.
16        (c)  To acquire by gift, legacy or purchase any  personal
17    property  necessary  for its corporate purposes provided that
18    all contracts for supplies, materials or  work  involving  an
19    expenditure  in  excess of $10,000 shall be let to the lowest
20    responsible    bidder,    considering     conformity     with
21    specifications,    terms    of    delivery,    quality,   and
22    serviceability, after due advertisement, excepting  contracts
23    which by their nature are not adapted to award by competitive
24    bidding,  such  as  contracts for the services of individuals
25    possessing a high degree  of  professional  skill  where  the
26    ability or fitness of the individual plays an important part,
27    contracts  for  the printing of finance committee reports and
28    departmental reports, contracts for the printing or engraving
29    of bonds, tax warrants and other evidences  of  indebtedness,
30    contracts  for  utility  services such as water, light, heat,
31    telephone or telegraph,  contracts  for  the  use,  purchase,
32    delivery,   movement,  or  installation  of  data  processing
33    equipment, software, or services and  telecommunications  and
34    interconnect  equipment, software, or services, contracts for
SB1735 Enrolled             -3-                LRB9214577BDdv
 1    duplicating machines and supplies,  contracts  for  goods  or
 2    services procured from another governmental agency, purchases
 3    of  equipment  previously owned by some entity other than the
 4    district itself, and contracts for the purchase of magazines,
 5    books, periodicals, pamphlets and reports and excepting where
 6    funds  are  expended  in  an  emergency  and  such  emergency
 7    expenditure is approved by 3/4 of the members of the board.
 8        All  competitive  bids   for   contracts   involving   an
 9    expenditure in excess of $10,000 must be sealed by the bidder
10    and  must be opened by a member or employee of the park board
11    at a public bid opening at which the  contents  of  the  bids
12    must  be announced.  Each bidder must receive at least 3 days
13    notice of the time and place of the bid opening.
14        For purposes  of  this  subsection,  "due  advertisement"
15    includes,  but  is not limited to, at least one public notice
16    at least 10 days before the bid date in a newspaper published
17    in the district or, if  no  newspaper  is  published  in  the
18    district,  in  a newspaper of general circulation in the area
19    of the district.
20        (d)  To  pass  all  necessary   ordinances,   rules   and
21    regulations  for  the  proper  management  and conduct of the
22    business of the  board  and  district  and  to  establish  by
23    ordinance   all   needful   rules  and  regulations  for  the
24    government and protection of parks, boulevards and  driveways
25    and  other property under its jurisdiction, and to effect the
26    objects for which such districts are formed.
27        (e)  To  prescribe  such  fines  and  penalties  for  the
28    violation of ordinances as it shall deem proper not exceeding
29    $1,000 $500 for any one offense, which  fines  and  penalties
30    may be recovered by an action in the name of such district in
31    the  circuit  court  for  the  county in which such violation
32    occurred. The park district may also seek in the  action,  in
33    addition  to or instead of fines and penalties, an order that
34    the offender be  required  to  make  restitution  for  damage
SB1735 Enrolled             -4-                LRB9214577BDdv
 1    resulting  from  violations,  and  the court shall grant such
 2    relief where appropriate.   The  procedure  in  such  actions
 3    shall  be  the  same as that provided by law for like actions
 4    for the violation of ordinances in cities organized under the
 5    general laws of this State, and offenders may  be  imprisoned
 6    for  non-payment  of fines and costs in the same manner as in
 7    such cities. All fines when collected shall be paid into  the
 8    treasury of such district.
 9        (f)  To  manage  and control all officers and property of
10    such districts and to provide for joint ownership with one or
11    more cities, villages  or  incorporated  towns  of  real  and
12    personal  property used for park purposes by one or more park
13    districts. In case of  joint  ownership,  the  terms  of  the
14    agreement  shall  be  fair, just and equitable to all parties
15    and shall be set forth in a written agreement entered into by
16    the corporate authorities  of  each  participating  district,
17    city, village or incorporated town.
18        (g)  To  secure  grants  and  loans,  or either, from the
19    United States Government, or any agency or agencies  thereof,
20    for financing the acquisition or purchase of any and all real
21    estate, or rights therein, or for effecting any of the powers
22    or  purposes  granted  under  this Code as its Board may deem
23    proper.
24        (h)  To establish fees for  the  use  of  facilities  and
25    recreational  programs of the districts and to derive revenue
26    from non-resident fees from their  operations.  Fees  charged
27    non-residents  of  such district need not be the same as fees
28    charged to  residents  of  the  district.  Charging  fees  or
29    deriving   revenue   from  the  facilities  and  recreational
30    programs shall not affect the right to assert or utilize  any
31    defense  or  immunity,  common law or statutory, available to
32    the districts or their employees.
33        (i)  To make contracts for a term exceeding one year, but
34    not to exceed 3 years, notwithstanding any provision of  this
SB1735 Enrolled             -5-                LRB9214577BDdv
 1    Code  to  the contrary, relating to:  (1) the employment of a
 2    park  director,  superintendent,   administrator,   engineer,
 3    health  officer,  land  planner,  finance director, attorney,
 4    police  chief,  or  other  officer  who  requires   technical
 5    training   or   knowledge;  (2)  the  employment  of  outside
 6    professional consultants such  as  engineers,  doctors,  land
 7    planners,   auditors,   attorneys,   or   other  professional
 8    consultants who require technical training or knowledge;  and
 9    (3)  the provision of data processing equipment and services.
10    With respect to any contract made under this subsection  (i),
11    the   corporate  authorities  shall  include  in  the  annual
12    appropriation ordinance for each fiscal year an appropriation
13    of a sum of money sufficient to pay the amount which, by  the
14    terms  of  the  contract, is to become due and payable during
15    that fiscal year.
16        (j)  To enter into  licensing  or  management  agreements
17    with  not-for-profit corporations organized under the laws of
18    this  State  to  operate  park  district  facilities  if  the
19    corporation covenants to use the facilities to provide public
20    park or recreational programs for youth.
21    (Source: P.A. 88-91; 88-426; 88-670,  eff.  12-2-94;  89-458,
22    eff. 5-24-96; 89-509, eff. 7-5-96.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.

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